Subject Index Insurance

On July 22, 2020, the Second District of the Illinois Appellate Court affirmed a circuit court’s ruling that, in the interest of public policy, an insured passenger in a car accident was entitled to uninsured-motorist coverage despite the terms of the insurance policy clearly stating the opposite.

On July 24, 2020, the Fifth District of the Illinois Appellate Court held that the cost of labor cannot be depreciated when an insurer is calculating the actual cash value of a loss.

The Illinois General Assembly amended the Illinois Insurance Code through the creation of the Corporate Governance Annual Disclosure Law.

On Sept. 30, 2019, the Fifth District Court of Appeals found the term “mechanical device” in an auto policy to be overly broad and vague. It held that the policy, which excluded coverage for incidents involving a “mechanical device,” was to be construed against the insurer.

The Secretary of State adopted amendments to Illinois Safety Responsibility Law (42 Ill. Adm. Code 6601 (effective Aug. 23, 2018)).

The Illinois Appellate Court reversed the lower court's holding that an insurance company does not have a duty to defend and found that the insurance company does have a duty to defend where the defendant policy holder negligently entrusted her vehicle to another (resulting in an accident).

The section of the Unclaimed Life Insurance Benefits Act that governs Insurer Conduct has been amended to reflect that insurers are required to search for and then compare past insurance information of insureds.

The appellate court considered whether set-off language in an arbitrator's award made the award so indefinite as to prevent interest from accruing under § 2-1303 and held it did not.

A new section of the Illinois Insurance Code (section 356z.25) requires a group or individual policy of accident and health insurance or managed care plan to provide coverage for the treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome.

The Department of Insurance adopted three amendments that implemented changes in the National Association of Insurance Commissioners Model Law Number 440 and the Insurance Code.

The Appellate Court of Illinois resolved a discovery dispute in an insurance coverage suit between plaintiff-insured Motorola Solutions, Inc. and defendant-insurers Zurich Insurance Company and Associated Indemnity Corporation.

The Department of Insurance adopted amendments to the Personal Information Privacy Protection regulations regarding the treatment of personal information by insurance providers licensed by the Illinois Department of Insurance.

The Department of Insurance adopted a new Part to its regulations regarding Misrepresentation and False Warranties.

Public Act 99-0932 makes changes to the requirements for when a junking certificate or salvage certificate must be obtained.

An insurer's unambiguous 120-day notice requirement violates public policy because it is contrary to the statutory purpose of uninsured motorist insurance.

New regulations by the Illinois Department of Insurance require policyholders with a large deductible to fully collateralize their obligations under the agreement.

The Unclaimed Life Insurance Benefits Act will govern insurer conduct and require the Department of Insurance to develop and implement a "lost policy finder."

Each instance of underinsurance must be considered individually regardless of a policy's language, and a policyholder may not obtain more than the amount contracted for. Tufano sustained permanent injuries in an auto accident.

The Department of Insurance adopted amendments to the Part now entitled "Disposal and Destruction of Records," previously entitled "Destruction of Records." 50 Ill. Adm. Code 901 (eff. May 23, 2016).

The First District Appellate Court ruled that defendant's homeowners' insurance company had a duty to defend him after his friend overdosed at his home, even though his policy excluded liability for bodily injury arising out of the use of controlled substances.

Amendments to 50 Ill. Adm. Code 2004 (eff. Dec. 31, 2015) clarify the required accident and health insurance reserves to be maintained by companies within Illinois in order to comply with the Illinois Insurance Code (215 ILCS 5 et seq.).

On October 8, 2015, the Illinois Supreme Court reversed an Illinois Appellate Court decision, finding that the circuit court was correct in concluding that rental car companies that use a certificate of self-insurance are limited to

The Department adopted amendments and a new section on electronic filing processes for an employer's contribution and wage reports. 56 Ill. Adm. Code 2760 (eff. July 27, 2015).